Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - When an appeal against conviction is preferred before High Court, at the earliest stage, High Court must examine whether there is a proper statement of accused recorded u/s 313 CrPC (S.351 of Bharatiya Nagarik Suraksha Sanhita) - If any defect is found, at that stage same can be cured either by High..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Once Court passes a compromise decree after satisfying itself that suit has been adjusted by a lawful compromise, decree cannot be challenged in an appeal as no appeal lies against a compromise decree...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Title suit - Concurrent findings of trial Court as well as first appellate Court that plaintiff had right, title and interest over suit property - Findings of fact sans any perversity cannot be interfered with in second appellate stage - Suit rightly decreed - Second appeal dismissed...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Kidnapping and sexual assault - Whether or not the finding regarding age of victim is correct or not, or manner in which was sought to be proved before Trial Court was in accordance with law or not, is a question that is open for consideration in jurisdiction u/s 374 Cr.P.C as..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Courts below after proper appreciation of oral and documentary evidence have concurrently held that plaintiffs have failed to establish location and encroachment over their land - Demarcation reports relied upon by plaintiffs merely refers to certain parts of Survey..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, recovery of possession, mesne profits and permanent injunction - Defendants had duly admitted title of plaintiff over suit land - Though defendant claimed that there was a gratification of land in his favour, but there is no evidence adduced in support thereof - Documents of title of plaintiff..........
Arbitration and Conciliation Act, 1996, Section 34, Insolvency and Bankruptcy Code, 2016, Section 31(1), Civil Procedure Code, 1908, Section 47 -- Objection against execution - Maintainability - Once a resolution plan is duly approved by the adjudicating authority under sub-section (1) of Section 31, all claims which are not part of the resolution plan shall stand..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Points for determination - Provision of O.41.R.31 CPC should be reasonably construed and should be held to require the various particulars to be mentioned in the judgment only when appellant has actually raised certain points for determination by appellate Court and not when no such points are raised...........
Civil Procedure Code, 1908, Order 41, Rule 30 -- First appeal - Pronouncement of judgment - O.41.R.30 CPC does not make it incumbent on appellate Court to refer to any part of proceedings in the Court from whose decree appeal is preferred - Appellate Court can refer after hearing parties and their pleaders to any part of these proceedings to which reference be considered..........
